Description |
1 online resource |
Series |
Ius gentium : comparative perspectives on law and justice, 1534-6781 ; volume 59 |
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Ius gentium (Dordrecht, Netherlands) ; v. 59. 1534-6781
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Contents |
Introduction / C.H. (Remco) van Rhee and Yulin Fu -- The Chinese Supreme People's Court in transition / Yulin Fu -- The Supreme Court of the United Kingdom: a selective tribunal with the final say on most matters / Neil Andrews -- From courts of appeal to courts of precedent: access to the Highest Courts in the Nordic countries / Jørn Øyrehagen Sunde -- The Supreme Cassation Court of the Netherlands: efficient engineer for the unity and development of the law / R.R. Verkerk and C.H. (Remco) van Rhee -- Civil cassation in Spain: past, present, and future / Marco de Benito -- Squaring the circle: individual rights and the general interest before the supreme courts of the German-speaking countries / Tanja Domej -- The end of cassation in Chile? Recourse to the Chilean Supreme Court in civil matters / Pablo Bravo-Hurtado -- The French Court of Cassation: on the threshold of a quiet revolution? / Frédérique Ferrand -- Changing faces of post-socialist Supreme Courts: Croatia and Slovenia compared / A. Uzelac and Ales̆ Galič -- The Italian Supreme Court of Cassation: of misnomers and unaccomplished missions / Elisabetta Silvestri |
Summary |
This edited volume looks at supreme courts in China and the West. It examines the differences and similarities between the Supreme People's Court of Mainland China and those that follow Western models. It also offers a comparative study of a selection of supreme courts in Europe and Latin America. The contributors argue that the Supreme Courts should give guidance to the development of the law and provide legal unity. For China, the Chinese author argues, that therefore there should be more emphasis on the procedure for reopening cases. The chapters on Western-style supreme courts argue that there should be adequate access filters; the procedure of reopening cases is considered to be problematic from the perspective of the finality of the administration of justice. In addition, the authors discuss measures that allow supreme courts in both regions to deal with their existing caseload, to reduce this caseload, and to avoid divergences in the case law of the supreme court. This volume offers ideas that will help supreme courts in both the East and the West to remove unmanageable caseloads. As a result, these courts will be better able to assist in the interpretation and clarification of the law, to provide for legal unity, and to give guidance to the development of the law |
Bibliography |
Includes bibliographical references at the end of each chapters |
Notes |
Print version record |
Subject |
880-01 China. Zui gao ren min fa yuan.
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SUBJECT |
880-01/$1 China. 最高人民法院 |
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China. Zui gao ren min fa yuan fast |
Subject |
Constitutional courts -- Western countries
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Courts of last resort -- Western countries
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Comparative law.
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Civil procedure, litigation & dispute resolution.
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Arbitration, mediation & alternative dispute resolution.
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Employment & labour law.
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Commercial law.
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International law.
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LAW -- Civil Procedure.
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LAW -- Legal Services.
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POLITICAL SCIENCE -- Government -- Judicial Branch.
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Comparative law
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Constitutional courts
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Courts of last resort
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China.
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Chile.
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European Union.
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Member states.
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Supreme court.
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Judicial system.
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Comparative law.
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Western countries
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Form |
Electronic book
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Author |
Rhee, C. H. van, editor
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Fu, Yulin, editor
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ISBN |
9783319523446 |
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3319523449 |
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